Transfer of Property Act, 1882, Section 122 -- Gift deed - Validity - Plea of forgery and fabrication of gift deed - Plaintiffs not denied the execution of document but alleged forgery and fabrication - In absence of any evidence of any forgery or fabrication and in absence of specific denial of execution of gift deed, donee was under no obligation to examine one of..........
Indian Penal Code, 1860, Section 323, 504, 506 -- Offence u/ss 323, 504, 506 IPC - Quashing of summoning order - Summoning order was passed on basis of evidence obtained u/ss 200, 202 Cr.P.C - Previous institution of case against accused is an evidence of motive or cause either in execution of offence or in defence by either side - Same is a question of evidence and of..........
Evidence Act, 1872, Section 90 -- Will 30 years old - Merely because Will is more than 30 years old, its execution does not get proved and it cannot be taken to be genuine document...........
Will -- Due execution - Unless Will is proved by examining at least one attesting witness, its due execution is not taken to be proved...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Executing Court is required to record positive finding that there is no possible way to satisfy decree except by way of arrest - Merely because it appeared to Court that there is no possibility to satisfy Court is not equivalent to satisfaction required u/s 51 CPC and in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ex parte order of grant of maintenance - High Court passed order that execution proceedings be kept in abeyance - Total non application of mind - Unless there are very special reasons, higher Court should not normally stay such an order - Impugned order set aside - Maintenance awarded ordered to be paid - High..........
Civil Procedure Code, 1908, Section 47 -- Objections - Execution - Suit for permanent injunction - Question of trusteeship already decided by trial Court in its findings and said findings of trial Court affirmed by Appellate Court - No further appeal preferred by JDs against it - By allowing JDs to re-open question of trusteeship by way of an application in an execution..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with an option to repurchase - Plaintiffs mortgage their 2-1/2 acres of agricultural lands for credit purchase of daily necessities - Financial stringency of plaintiffs is apparent from their failure to repay anything even after execution of installment bond - Debtor creditor..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14, 17, Transfer of Property Act, 1882, Section 111, 107 -- Tenant in secured asset - Protection - Objectives of SARFAESI Act coupled with Transfer of Property Act and Rent Act are reconciled in following manner:- a) If a valid tenancy under law is in..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 21, Rule 58, 101 -- Execution - Rejection of claim petition - Applicability of provision of O.7.R.11 CPC - O.7.R.11 CPC can be invoked even in respect of an application seeking rejection of claim petition filed under O.21 and relevant rules...........
